RealtyTours.com - Terms and Conditions
Please read the following legal information carefully before using this website. By using this website, you agree to all of the terms and conditions contained herein. If you do not accept and agree to all of the terms and conditions of this agreement, do not: register, activate your account, enter subscriber or tour data content, or use this website or virtual tour services in any way.
1. Introduction: This agreement is between RealtyPro Solutions, LLC - a Utah limited liability company - (hereafter referred to as “Tour Provider”) and Member (hereafter referred to as "Member", "you", or "your"). This agreement becomes effective when you complete the membership information required on the member registration form at www.RealtyTours.com.
2. Purpose of The Service: RealtyTours.com (hereafter referred to as the “Service”) is a web based real estate virtual tour hosting service provided by RealtyPro Solutions, LLC (“Tour Provider”) that allows members to create a separate compilation (“Tour”) to organize, view, store, print, and share digital images, video, and data for real estate properties that can be viewed through a range of electronic devices including personal computers, smart-phones, and hand-held devices subject to the terms and conditions contained herein.
3. Availability of The Service: Tour Provider will use commercially reasonable efforts to ensure that the website is up and working properly with minimal downtime (periods of time when the site is unavailable or down). However, Tour Provider shall not be responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control including: natural disasters or acts of God (such as fire, lightning, explosions, earthquakes, and floods), requirements or injunctions by any legal government entities, labor unrest (such as strikes, slowdowns, picketing, or boycotts), or failure of it suppliers or vendors to deliver expected services (such as Internet service providers, hosting and server management companies, and phone and utility companies).
4. Trademarks and Copyright: RealtyTours.com and all other products and company names mentioned or displayed in the Service are or may be service marks or trademarks of their respective owners. The RealtyTours.com product (including all software, images, graphics, logos, Internet domains, web pages, website design, source code, user documentation, databases, and other materials that depict or describe the Service is and shall remain the exclusive property of Tour Provider and is Copyrighted © 2010 by RealtyPro Solutions, LLC - ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of the website for the sole purpose of assisting users of the website in their real estate transactions. Any other use of the information and material on the website, including reproduction for purposes other than those listed above, modification, distribution, or republication without prior written permission of Tour Provider is strictly prohibited. Tour Provider does not claim ownership rights in any image contained in your account. For the sole purpose of enabling Tour Provider to display your images and videos through the Service and fulfilling any tour requests, you grant Tour Provider a non-exclusive, royalty-free license to use, copy, distribute, and display the images and videos that you submit.
5. Registration: You hereby certify that you are not a minor (you are at least 18 years old), and you agree (for purposes of identification, notifications, billing, and verification of authorization to access the Service) to provide accurate, complete, and updated information in your account profile and registration information including: your legal name, address, telephone number(s), and email address. Your contact information (especially your email address) from your account profile will be used for notifications and communications from Tour Provider. If you select the user type of Licensed Real Estate Agent or Licensed Principal Real Estate Broker during registration, you hereby certify and confirm that you are a legally licensed as such, and you agree to abide by all local, state, and federal laws of the state or states in which you are licensed regarding your use of the Service. When you register, you will be asked to provide a valid email address and password. As you will be responsible for all activities that occur in your account, you should keep your password confidential. You must notify Tour Provider immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. Tour Provider reserves the right to require you to alter your password if it believes that your password is no longer secure.
6. Account Types: The virtual tour end product is the same for all users regardless of the account type (also called tour plans). The main purpose of having account types (or plans) is to limit the number of active tours you can have at any given time and to determine how much you pay for the Service. The Free Trial plan allows you to create one tour and view it, but you can not activate it until you select one of the other plans. With the Pay Per Tour plan, you pay a per tour fee at the time you activate each tour, and the tour may remain active for up to two years or until you manually inactivate or delete the tour. The Standard Monthly plan allows you to have up to 10 active tours at a given time. The Deluxe Monthly plan allows you to have up to 25 active tours at a given time. You may activate or deactivate tours as often as needed. The Unlimited Monthly plan allows you to have unlimited active tours. With all account types, certain limitations apply such as max hard drive space per scene, per tour, and per account. Once your account is activated, you can upgrade or downgrade your account type at any time through the service.
7. Billing Terms: Tour Provider accepts payments by credit card only (MasterCard, Visa, or Discover). Tour Provider reserves the right to change prices on any of its products or services at any time; however, such changes will only effect your future purchases and will not effect the current products or services for which you have already paid. If you upgrade your account, you will only be charged the difference between the old and new subscription plans prorated daily from the day you upgrade until the date your subscription renews. There are no refunds or credits allowed if you downgrade your account. All monthly subscription plans are paid in advance (either annually or monthly). In addition to the tour plans, you may purchase certain extras such as video conversions. THE SALE OF ALL EXTRAS ARE FINAL AND ARE NON REFUNDABLE. You may also purchase yard signs through a third party vendor. Tour Provider may recommend a sign vendor, but Tour Provider is not responsible or liable for products or services (or lack thereof) from any such third party vendor(s).
8. Cancellation Policy: You may upgrade, downgrade, or close your account at any time by logging in to your account, clicking the [Account] menu button and selecting the applicable option. There are no penalties or cancellation fees for closing your account. If you have not logged in to your account for more than 180 days, your account may be closed by Tour Provider. If you have a prepaid annual subscription and have paid for more than one month in advance, you may request a refund for the unused portion of your subscription from the date you close your account. Your request must be in writing and mailed (postmarked) within 10 days from the date you close your account. Please allow up to 45 days for your request to be processed.
9. Privacy and Security: You can be confident that your relationship with RealtyPro Solutions (including your account and billing information) is treated with the upmost care and confidentiality. Tour Provider is dedicated to protecting and safeguarding your personal and financial information and will use the highest industry standards to secure all Internet transactions. Except as needed to provide any of our services or separate services selected by you through a third party, Tour Provider will not sell or give out your private information (including your email address) to any third party without your consent. All credit card payments will be made through a secure site using SSL Encryption. Because your credit card information is encrypted, it can not be seen by third parties as it transfers across the Internet to the credit card processing company while the payment is being processed. For your convenience and in order to be able to run automatic payments, Tour Provider may save your credit card information. All critical credit card data that is stored by Tour Provider is encrypted before it is saved or transferred across the Internet, and it is stored on a secure private server or with a reputable third party merchant service provider.
10. Refund Policy: Tour Provider offers a 30 Day Money Back Guarantee to all new customers who cancel their account within 30 days from the date the account was first registered. This is a full refund for purchases of Pay Per Tours or Monthly Subscriptions. It does not apply to tour extras such as video conversions or yard signs. THE SALE OF ALL EXTRAS ARE FINAL AND ARE NON REFUNDABLE. The requirements for the 30 Day Refund are as follows:
If you do not meet all of the above requirements, you will not receive a refund. Refunds are usually credited back to the credit card on file for your account. Please allow up to 45 days for your request to be processed.
- You must not have previously received a refund from Tour Provider.
- You must close your account within 30 days from the date you first registered the account.
- You must request a refund in writing within 10 days from the date you close your account.
- Mail your request to: RealtyPro Solutions (30 Day Refund) P.O. Box 3262 -- St. George, UT 84771.
11. Use Limitations: You agree to only create tours for properties where you are the owner, the real estate broker/agent representing the owner, or you have received permission from the owner, listing office, or listing agent of the property. You agree NOT to provide any information to Tour Provider, the Service, or to the public that: you do not have the right to disclose, that is false or misleading, or that attempts to hide your identity. You are responsible for obtaining copyright releases and/or the proper licenses for all images and videos that you upload that were not personally taken by you. You may not reuse Tours for multiple properties. Tours are limited for use to one physical property location. MLS# and address changes may only be made as corrections. If you intentionally reuse a tour for more than one property on a Pay Per Tour account, your account may be permanently suspended or terminated by Tour Provider. You specifically agree NOT to use the Service to do any of the following:
12. Data Content: Tour Provider does not control the content of your account and does not have any obligation to monitor such content for any purpose. You are solely responsible and liable for the content of all data uploaded to your account including: sound files, images, video, property data, and advertising text. All real estate advertising placed by you through the Service is subject to the US Federal Fair Housing Act of 1968 as amended which makes it illegal to advertise "any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an attention to make any such preference, limitation or discrimination." Local and foreign laws add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and perhaps other basis. Please check with your local government agency for more information.
- To commit any illegal or unlawful act;
- To create tours for anything other than real estate being offered for sale or lease; or to upload any sound files, video, or images that are not specifically related to the property being offered for sale or lease;
- To upload, post, email, or otherwise transmit or communicate any material that contains sexual content or that is obscene, offensive, pornographic, unlawful, abusive, harmful, an invasion of privacy, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- To upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Tour Provider;
- To upload, post, email or otherwise transmit any material which is likely to cause harm to Tour Provider or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- To forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; or
- To intentionally cause harm to or disruption to the Service or servers or networks connected to the Service.
13. Data Storage: Tour Provider reserves the right to terminate access to your account or to delete the images and data stored on your account if your account becomes "inactive." An "inactive" account is one that has not been logged-in to for a period of 180 days or more. Active Tours that have not been viewed for more than 6 months may be automatically inactivated. Tours that are inactive or expired for more than 30 days may also be deleted.
14. Disclaimer of Warranty and Limitation of Liability: Tour Provider disclaims and makes no warranties or representations, either express or implied, by statute or otherwise, with respect to the software or documentation of the Service, including any warranties with respect to quality, accuracy, timeliness, performance, non-infringement, merchantability or fitness for a particular purpose. The Service (including all websites, products, and services offered) are provided "as is" with no warranties whatsoever. You understand and agree that the submission of any digital content or film image to the Service, and the download or upload of any such material through the Service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result in the download or upload of any such material. You are solely responsible for creating back-ups of your digital content. Tour Provider makes no representation or warranty that the operation of the software will be error-free or uninterrupted. Although Tour Provider will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, Tour Provider can not guarantee that such events will not occur. Accordingly, Tour Provider disclaims any and all liability resulting from or related to such events. Tour Provider is not responsible for the content of the listing data submitted to the Service including: the accuracy of the data, any violations of federal fair housing or anti-discrimination laws, false or misleading advertising, or claims that the data may infringe upon the privacy of any U.S. patent, copyright, or other intellectual property right of a third party. You are responsible for the accuracy of all data submitted to the Service, and it is recommended that you obtain professional liability (errors and omissions) insurance to cover any liability that may occur from claims by third parties regarding the correctness of the property data entered into the Service.
IN NO EVENT SHALL TOUR PROVIDER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE. TOUR PROVIDER IS NOT RESPONSIBLE FOR ANY COSTS, INCLUDING, BUT NOT LIMITED TO THOSE INCURRED AS A RESULT OF LOST PROFITS OR REVENUE, LOSS OF ANY SOFTWARE, LOSS OF DATA, THE COST OF RECOVERING SUCH SOFTWARE OR DATA, THE COST OF SUBSTITUTE SOFTWARE, OR CLAIMS BY THIRD PARTIES. YOU ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TOUR PROVIDER (INCLUDING THE OFFICERS, EMPLOYEES, AND AGENTS OF TOUR PROVIDER) FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, SUITS, LIABILITY, DEMANDS, DAMAGES, COSTS, AND EXPENSES THAT MAY HAVE BEEN CAUSED EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL TOUR PROVIDER’S LIABILITY EXCEED THE AMOUNT OF YOUR SERVICE FEE FOR THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ANY SUCH CLAIM MAY ARISE.
15. Violation of Terms: Tour Provider reserves the right to seek all remedies available at law and in equity for any violation of these terms and conditions. You agree that if Tour Provider determines (in Tour Provider's sole discretion) that you have failed to comply with any of these terms and conditions or if a competent regulatory authority requires it, Tour Provider may at any time without notice:
a. suspend or terminate your account,
b. block access from a particular Internet address to the site,
c. deactivate or delete your tours or any tour content stored in your account, or
d. refuse to allow you to create a new account or to use the Service in the future.
16. Applicable Law and Jurisdiction: If any provision in these terms and conditions is held to be legally invalid or unenforceable, then both you and Tour Provider shall be relieved of all obligations arising under such provision, but only to the extent that such provision is invalid or unenforceable, and these terms shall be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving its intent; or if that is not possible, by substituting another provisions that is valid and enforceable and achieves the same objective and economic result. Any action to enforce a mediation or arbitration award or any injunctive relief sought pursuant to these terms and conditions shall be brought only in the federal or state courts in the state of Utah, and you consent to the exclusive jurisdiction of such courts.
17. Communication and Notices: All notices made to Tour Provider must be submitted using at least two of the following three methods: (a) fax to (435) 674-0444, (b) email to: email@example.com, or mail to: P.O. Box 3262 -- St. George, UT 84771. Any notices or communications made to you by Tour Provider will be made by sending such notice to the email address, fax number, or mailing address contained in your account profile. For this reason is important that you keep your contact information in your account current.
18. Non-Assignment: You may not assign, transfer or sub-license any rights, interest, or benefits granted hereunder or any obligations assumed hereunder without the prior written consent of Tour Provider.
19. Amendment and Acceptance of Terms: Tour Provider reserves the right to amend these Terms from time to time. If these terms are modified, you will be notified by email and/or be required to re-accept the terms when you log in to your account. If you continue to use the Service once you have been notified of the changes to these Terms, it will be deemed that you have accepted the changes. The date and time that you accepted these terms and conditions is stored in the database by Tour Provider and constitutes proof of your digital signature which shall be considered a true and valid signature for all purposes hereunder and shall bind you to the same extent as that of an original signature. You may view the current Terms And Conditions at any time by clicking the link at the bottom of the website once you have logged in to your account.
20. Thank You: Thank you for choosing RealtyTours.com as your virtual tour product and RealtyPro Solutions as your virtual tour provider. We value you as a customer, and want to make sure that you get an exceptional value from our services. Our goal is to provide you with the highest level of quality products, service, and support. If you have any questions, concerns, or suggestions, please send us an email or give us a call. We appreciate your feedback and will do all that we can to help you to be successful!
The above Terms & Conditions were last modified on 11/15/2017.